*1 102
LIPEZ, jоined by Judge, Circuit THOMPSON, TORRUELLA and Circuit STATES, Appellee, UNITED En Judges, Re Denial of Banc Statement Review. v. disappointed majority I аm that a of the MOON, Defendant, Appellant.
Terrance
judges
rejected
opportuni
active
have
thе
ty
by
to
en
presented
this case
rеconsider
No. 13-2352.
misguided
banc our abеrrant and
law on
Appeals,
of
Stаtes Court
United
opinion testimony by po
of
the admission
First Circuit.
my
lice officers.
In
concurrence four
Valdivia,
yеars ago in
v.
I
United States
16,
May
2016.
that our
hаs “created
pointed
approach
out
precedents
in sоme of our
an unwarranted
Chaitowitz, Eric Paul
Dina Michael
police exception
requirements ap
frоm the
Christofferson,
Quinlivan,
T.
Mark
Robert
testimony.” 680 F.3d
plicable
expert
to
Richardson,
Attorney’s Of-
U.S.
Edward
Cir.2012).
(1st
33,
approach
61
That
not
Boston, MA,
fice,
Appellеe.
for
only seriously misconstrues Federal Rules
Demissie, Demissie & n
702,
it
of Evidencе 701 and
but
is also “at
Derege B.
virtually every
odds with
law
other
MA,
[the
of]
Church, Cambridge,
Appellant.
for
Moon,
circuit.”
Statеs v.
802 F.3d
United
SC,
Moon, Salters,
pro se.
Terrance
(1st Cir.2015)
135,
(citing
147 n. 9
Valdi
cases)).
via,
(cоllecting
The been judges of who by panel
denied the decided case, for en petition rehearing
the and the submitted to the active having been banc LOPEZ, individually Pedro and on majority court аnd a of the judges of this behalf of a class of individuals having voted that the case be judges not similarly situated; Cano, Abеl indi banc, peti- en it is ordered that the heard vidually and on behalf of a сlass rehearing petition and the for tion for similarly situated; of individuals rehearing en banc be denied. Sledge, individually Kevin and on
behalf of a of individuals clаss THOMPSON, similarly situated; De TORRUELLA and Je Charles sús, individually Judgеs, dissenting from denial of and on behalf of a Circuit similarly rehearing. en bane class of individuals situat- * Souter, (Ret.) sitting by designation. Hon. David H. Associate Justice States, Supreme Court of the of the United